8 hours
8 Hours
Shell Key Preserve is a jewel-in-the-rough that few people take the time to experience. A 1,828-acre archipelago at the mouth of Tampa Bay off Florida’s Gulf Coast, Shell Key Preserve is frequented primarily by birds and other wildlife. For people to get there, they must take a boat to Shell Key, the biggest piece of dry land in the preserve.
Once they arrive on the key, people are limited to the southern end of the little island. The rest of the preserve is reserved for wildlife because it’s one of the state’s most important areas for shorebird nesting and overwintering.
Birds seen in the preserve year-round include wading species such as the reddish egret, great blue heron, great egret and snowy egret, as well as gulls, terns, black skimmers and Wilson’s plovers.
At 195 acres, Shell Key is one of the largest undeveloped barrier islands in St. Pete/Clearwater. The rest of the preserve, stretching from the key east to the Pinellas Bayway, consists of 10 or so small mangrove islands and shallow waters with extensive seagrass beds that are crucial nurseries for many sea life species. Sea turtles’ nest and hatch in the preserve from May 1 to Sept. 30
48 hours notice or more required for a full refund. No Call/No Show = 100% of trip fare.
Cancellation within 48 hours = 50% of trip fare. WEATHER CANCELLATION POLICY: No one, including the weatherman, can 100% accurately predict ocean conditions the day before a scheduled trip. Black Kraken Charters, LLC makes the sole decision on the morning of the trip regarding ocean and weather conditions and the safety of taking the scheduled trip. Do not expect cancellations due to potential conditions prior to the morning of the trip. If Black Kraken Charters, LLC cancels an outing due to inclement weather or poor ocean conditions, we give our customers the option to reschedule their trip. If a trip cannot be rescheduled, a full refund will be made. There are no weather refunds given on multi-day rentals or package deals.
MECHANICAL ISSUES: Even though mechanics issues are rare they do happen from time to time. Payment is only required for the duration that was spent fishing before the mechanical issue. We will also try and get you out on one of our other boats, if possible, the same day depending on the timing of the mechanical issue. If it happens before the charter begins you will be given the opportunity to reschedule or offered a full refund.
WHILE AT SEA CAPTAIN CANCELLATION POLICY: If for some reason during a trip sea conditions/weather become rough enough to where the captain makes the decision to head back in, you will only be charged for time you were on the boat. The total price will be divided by number of hours. If for some reason during a trip at sea the customer is breaking any rules such as, but not all inclusive to, bringing any type of drugs, a drunk unruly passenger, any disruptive or dangerous behavior, distracting the captain, littering in the ocean, or any activity putting the passengers and vessel at risk, and the captain has to end the trip early no refunds will be given and that customer will not be allowed to use Kraken Charters again.
EARLY CHARTER END CANCELLATION POLICY: If for some reason during a trip some or all the customers want to head back in because they want to cut it short, that is OK with us. You are on a private charter and you are in control and if you want to go back, consider it done. However, if sea conditions and weather is safe and there is no reason to come back in, unlike the captain cancelling the trip mentioned above, you will be expected to pay for the entire trip. This includes a customer or customer(s) being sea sick and wanting to come back in.
Last updated: June 1, 2021
Welcome to Vacay Services, Inc. d/b/a Explorabout (“Explorabout” “Company”, “we”, “us”, or “our”). Explorabout provides an online marketplace (the “Services”) that connects people seeking unique locations and experiences (“Explora” “you” or “Users”) with a refreshing variety of lesser-travelled locations (“Destinations”) and distinctive adventures (“Activities”) offered from a wide variety of venues, tours, and operators (“Providers”). The Services are accessible at www.Explorabout.com and/or our mobile software application (together with any content, functionality, and Services available therein, and successor site(s) or applications thereto, the “Platform”). By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), whether or not you become a registered user of the Platform. These Terms govern your access to and use of the Platform and all Mutual Content (as defined below) and constitute a binding legal agreement between you and Explorabout.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN US AND YOU, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS.
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Limit on our liability to you. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO COMPANY (SPECIFICALLY EXCLUDING AMOUNTS PAID TO PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
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Dispute resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Platform that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
Notice requirement and informal dispute resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be emailed to contactus@Explorabout.com. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional rules for non-appearance based arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time limits. If you or Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
Waiver of jury trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EXPLORABOUT NOW WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of class or consolidated actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Emergency equitable relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York City, New York, for such purpose.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
The waiver by either party of a breach of or a default under any provision of these Terms shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these Terms, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
These Terms and the Privacy Policy constitute the sole and entire agreement between you and Vacay Services, Inc. regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
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